Comment: Gambling law: Recent developments

by | Apr 3, 2024 | SACJ, SACJ V36 I3 2023

Comment: Gambling law: Recent developments

Author: Marita Carnelley

ISSN: 1996-2118
Affiliations: North-West University
Source: South African Journal of Criminal Justice, Volume 36 Issue 3, p. 485 – 497
https://doi.org/10.47348/SACJ/v36/i3a7

Abstract

Several judgments relating to gambling and the gambling industry have arisen over the past few years that are worthy of academic analysis. This contribution to that analysis will commence with Burgess v S (CA&R58/2022) [2023] ZAECMKHC 83; 2023 (2) SACR 558 (ECMk) (8 August 2023) in which the role that gambling addiction should play in the sentencing process arose, but was not properly dealt with. This will be followed with a discussion of several search and seizure cases, namely Ethypersadh v Minister of Police NO [2023] ZAGPPHC 595 (25 July 2023), Buchler v Minister of SAPS NO (6310/2022) [2023] ZAFSHC 1 (5 January 2023) and Strauss v Minister of Police NO (UM30/2019; UM34/2019) [2019] ZANWHC 23 (2 May 2019). The last section contains brief comments relating to the National Lottery: NDPP v Maweza Nkogatsi Inc (2020/11723) [2021] ZAGPJHC 826 (20 December 2021), as well as the progress in the recovery of looted lottery funds generated by the National Lottery and intended for charity and other good causes.

Bed space management as a strategy for managing overcrowding in the corrections environment in South Africa

by | Nov 11, 2023 | SACJ, SACJ V36 I2 2023

Bed space management as a strategy for managing overcrowding in the corrections environment in South Africa

Authors: VC Mlomo-Ndlovu and WFM Luyt

ISSN: 1996-2118
Affiliations: MA (Unisa) PhD (Criminal Justice) (Unisa), Deputy Commissioner: Remand Operations Management, Department of Correctional Services; BA (Unisa) Hons BA (Unisa) MA (Penology) (Unisa) DLitt et Phil (Penology) (Unisa); Professor, Department of Corrections Management, School of Criminal Justice, College of Law, Unisa
Source: South African Journal of Criminal Justice, Volume 36 Issue 2, p. 169 – 202
https://doi.org/10.47348/SACJ/v36/i2a1

Abstract

Overcrowding in the criminal justice system, in general, and corrections, in particular, is a phenomenon that generates inhumane conditions. The burden is felt by the Department of Correctional Services. The objective of this article is to explore the process of bed space creation and maintenance. The focus areas are calculation of bed spaces, exploration of factors that influence the availability of bed spaces, and the determination of the long-term effects of lack of bed space on inmates. The article encapsulates the minimum standards for inmate living spaces as determined by the European Committee for the Prevention of Torture and the United States of America. Furthermore, the article includes an analysis of specified regional occupancy and the challenges experienced in bed space management. A mixed method design was utilised and concurrent triangulation with a multistage purposeful random scheme was applied. Data was collected through questionnaires, interviews and analysis of historical records. A parallel mixed analysis was conducted with integration during the interpretation and discussion of findings. The main finding was that the fluctuation in bed spaces has a direct influence on occupancy and overcrowding levels.

Are we there yet? A look at the remaining questions on physician-assisted suicide and physician-administered euthanasia

by | Nov 11, 2023 | SACJ, SACJ V36 I2 2023

Are we there yet? A look at the remaining questions on physician-assisted suicide and physician-administered euthanasia

Author: Ntokozo Mnyandu

ISSN: 1996-2118
Affiliations: LLB LLM (UKZN); Lecturer, School of Law, University of KwaZulu-Natal
Source: South African Journal of Criminal Justice, Volume 36 Issue 2, p. 203 – 227
https://doi.org/10.47348/SACJ/v36/i2a2

Abstract

The research examines the common law to determine whether physician-assisted suicide and physician-administered euthanasia are lawful. In doing so, it establishes that these practices meet the definition of murder. The research then determines the underlying rationale for the common law and concludes that the prohibition against deliberate killing is the cornerstone of our law and social relationships. In order to determine whether the current position follows the logic of the common law, there is a discussion of how the prohibition against intentional killing has evolved over time. It is shown that the law has been at pains to protect life and that assisting another person to kill themselves for whatever reason has never been lawful under the various sources of our common law. Finally, it considers whether the current position is in line with the spirit of the Constitution. In doing so, regard is had to the values of ubuntu, human dignity and the advancement of human rights and freedoms. Although the research argues that the prohibition is consistent with the spirit of the Constitution, it recognises that these practices involve compelling policy considerations pointing in opposite directions. It may well be that current public policy considerations do not chart the path of common law development with sufficient clarity for the courts to intervene. The reason for this is there are few matters more sensitive and challenging than those which concern deliberate decisions to end life, either by providing persons with the means to commit suicide or by actively taking steps that end life on request. Therefore, the legislature may be the proper engine for legal development.

Cyber-warrant searches and the admissibility of seized smartphone data evidence at trial

by | Nov 11, 2023 | SACJ, SACJ V36 I2 2023

Cyber-warrant searches and the admissibility of seized smartphone data evidence at trial

Author: Constantine Theophilopoulos

ISSN: 1996-2118
Affiliations: BSc LLB (Wits) LLM LLD (SA); Associate Professor, Interim Director and supervising attorney, Law Clinic, University of the Witwatersrand
Source: South African Journal of Criminal Justice, Volume 36 Issue 2, p. 228 – 249
https://doi.org/10.47348/SACJ/v36/i2a3

Abstract

A validly issued cyber-warrant is a primary investigating tool in the seizure of smartphone data content and may be the only lawful method of obtaining relevant data-file evidence about the cyber-offence culpability of a co-perpetrator, accomplice, or accessory. A cyber-warrant for the seizure and search of a portable handheld smartphone, or minicomputer, must be drafted in a manner that is procedurally different from the warrant for the seizure of a desktop or laptop computer. This article critically examines the warrant procedures for accessing and searching relevant data files stored in a smartphone’s default storage mediums and downloaded applications. These technical procedures are described in the Cybercrimes Act, indirectly in the Electronic Communications and Transactions Act, the Criminal Procedure Act, and related Acts. This procedural analysis is based on a revised principle of smartphone cyber-intelligibility, and the application of the sub-principles of cyber-offence particularity and data-access specificity. The substantive issue of cyber-privacy and the procedural issue of chain-of-data evidence custody is briefly examined.